Ashburton TC 3 June 2018 – R 4 – Chair, Mr G Clapp

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startdate: 03/06/2018

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hearing_title: Ashburton TC 3 June 2018 - R 4 - Chair, Mr G Clapp

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S P Renault – Stipendiary Steward

Respondent: G D Smith – Open Horseman

Information No: A09643

Meeting: Ashburton Trotting Club

Date: 3 June 2018

Venue: Ashburton Raceway

Race: 4

Rule No: 869 (2) – Whip Regulation (b)

Judicial Committee: G J Clapp, Chairman – S C Ching, Panellist.

Charge: Excessive use of the whip

Plea: Admitted

Evidence:

Mr Renault, Stipendiary Steward, alleged that Mr Smith had used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive ESCALERA in race 4, the HOKONUI MID CANTERBURY 2-YEAR-OLD MOBILE TROT.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Smith indicated on the information that he admitted the breach and did not wish to be present at the hearing.

Mr Renault had Mr Quirk, Stipendiary Steward, demonstrate Mr Smith's alleged breach on the videos. At the 400-metre mark Mr Smith was 3 back on the inside, he then moved to 1 out and 2 back as they turned for home. Mr Smith used his whip 13 times in the final 400 metres. Mr Renault said there were a couple of taps at the end that were minimal and not counted. He added that Mr Smith had agreed with the count. This Committee also accepted 13 strikes.

Decision:

Mr Smith has admitted the breach, it is therefore found to be proved.

Submissions for Penalty:

Mr Renault stated that Mr Smith’s driving statistics showed 351 drives so far this season and 318 last season. He stated that the JCA Penalty Guide provided a $200 fine on the sliding scale for a 1st offence and submitted that as there were no further aggravating factors, a $200 fine be considered as penalty.

Reasons for Penalty:

The penalty is determined by a sliding scale. Where the number of strikes is 11 to 13 and it is a first offence, it is $200, mitigation inclusive. The count for Mr Smith is 13. We agree with Mr Renault that there are no further aggravating factors and determined that a $200 fine was an appropriate penalty.

Penalty:

Mr Smith is fined the sum of $200.

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hearing_type: Old Hearing

Rules: 869(2)- Whip Regulation (b)

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